Law

Medicines Act 1968

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2025-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 7fd938ae4e9fadf7d070869b98ea1874efcf6fc6265ff0151ee8e77ebd03dc76

Contents: 175 provisions
  1. Title and introductory text
  2. 1 Ministers responsible for administration of Act.
  3. 2 Establishment of Medicines Commission.
  4. 2A Establishment of the Commission on Human Medicines
  5. 3 Functions of the Commission
  6. 4 Establishment of committees.
  7. 5 Supplementary provisions as to Commission and committees.
  8. 6 The licensing authority.
  9. 7 General provisions as to dealing with medicinal products.
  10. 8 Provisions as to manufacture and wholesale dealing.
  11. 9 Exemptions for doctors and dentists
  12. 10 Exemptions for pharmacists.
  13. 11 Exemption for nurses and midwives.
  14. 12 Exemptions in respect of herbal remedies.
  15. 13 Exemptions for imports.
  16. 14 Exemption for re-exports.
  17. 15 Provision for extending or modifying exemptions.
  18. 16 Transitional exemptions.
  19. 17 Termination of transitional exemptions.
  20. 18 Application for licence.
  21. 19 Factors relevant to determination of application for licence.
  22. 20 Grant or refusal of licence.
  23. 21 Procedure on reference to appropriate committee
  24. 22 Procedure in other cases.
  25. 22A Hearing before person appointed
  26. 23 Special provisions as to effect of manufacturer’s licence.
  27. 24 Duration and renewal of licence.
  28. 25 Entitlement to licence of right.
  29. 26 Scope of licence of right in different cases.
  30. 27 Proceedings on application for licence of right.
  31. 28 General power to suspend, revoke or vary licences.
  32. 29 Procedure where licensing authority propose to suspend, revoke or vary licence under s. 28.
  33. 30 Variation of licence on application of holder.
  34. 31 Clinical trials.
  35. 32 Medicinal tests on animals.
  36. 33 Exemptions in respect of medicinal tests on animals.
  37. 34 Restrictions as to animals on which medicinal tests have been carried out.
  38. 35 Supplementary provisions as to clinical trials and medicinal tests on animals.
  39. 36 Application for, and issue of, certificate.
  40. 37 Transitional provisions as to clinical trials and medicinal tests on animals.
  41. 38 Duration and renewal of certificate.
  42. 39 Suspension, revocation or variation of certificate.
  43. 40 Medicated animal feeding stuffs.
  44. 41–42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  45. 43 Extension of s. 7 to certain special circumstances.
  46. 44 Provision of information to licensing authority.
  47. 45 Offences under Part II.
  48. 46 Special defences under s. 45.
  49. 47 Standard provisions for licences
  50. 48 Postponement of restrictions in relation to exports.
  51. 49 Special provisions in respect of exporting certain products.
  52. 49A Special provisions in respect of exporting certain products to member States
  53. 49B Special provisions in respect of exporting certain products to EEA State s
  54. 50 Certificates for exporters of medicinal products.
  55. 51 General sale lists.
  56. 52 Sale or supply of medicinal products not on general sale list.
  57. 53 Sale or supply of medicinal products on general sale list.
  58. 54 Sale of medicinal products from automatic machines.
  59. 55 Exemptions for doctors and dentists etc
  60. 56 Exemptions in respect of herbal remedies.
  61. 57 Power to extend or modify exemptions.
  62. 58 Medicinal products on prescription only.
  63. 58A Requirement to specify certain products as prescription-only products
  64. 58B Requirement to specify certain products for veterinary use as prescription-only products.
  65. 59 Special provisions in relation to new medicinal products.
  66. 60 Restricted sale, supply and administration of certain medicinal products.
  67. 61 Special restrictions on persons to be supplied with medicinal products.
  68. 62 Prohibition of sale or supply, or importation, of medicinal products of specified description ....
  69. 63 Adulteration of medicinal products.
  70. 64 Protection of purchasers of medicinal products.
  71. 65 Compliance with standards specified in monographs in certain publications.
  72. 66 Further powers to regulate dealings with medicinal products.
  73. 67 Offences under Part III.
  74. 67A Defence to offence of contravening section 63(a) or (b): product not sold or supplied
  75. 67B Defence to offence of contravening section 63(a) or (b): product sold or supplied
  76. 67C Defence to offence of contravening section 64
  77. 67D Defences under sections 67A, 67B and 67C: evidence etc.
  78. 67E Sections 67A to 67D: “adulteration” and “registrant”
  79. 67F Sections 67A to 67D: “relevant pharmacy service”
  80. 68 Disqualification on conviction of certain offences.
  81. 69 General provisions.
  82. 70 Business carried on by individual pharmacist or by partners.
  83. 71 Business carried on by body corporate
  84. 72 Representative of pharmacist in case of death or disability.
  85. 72A The responsible pharmacist
  86. 72AA The superintendent
  87. 72B Sections 72A and 72AA: supplementary
  88. 73 Power to extend or modify conditions.
  89. 74 Meaning of “registered pharmacy".
  90. 74A Registration of premises: Great Britain
  91. 74B Conditions for registration: Great Britain
  92. 74C Supplementary provision in respect of registration of premises: Great Britain
  93. 74D Conditional registration: Great Britain
  94. 74E Supplementary provision in respect of conditional registration: Great Britain
  95. 74F Giving of notice by registrar: Great Britain
  96. 74G Voluntary removal from the register: Great Britain
  97. 74H
  98. 74I Supplementary provision in respect of change of ownership of retail pharmacy business: Great Britain
  99. 74J Temporary registration with regard to emergencies involving loss of human life or human illness etc.
  100. 74K Temporary annotations with regard to emergencies involving loss of human life or human illness etc.
  101. 74L Evidence of registration: Great Britain
  102. 75 Registration of premises: Northern Ireland.
  103. 76 Supplementary provisions as to registration of premises: Northern Ireland.
  104. 77 Annual return of premises to registrar.
  105. 78 Restrictions on use of titles, descriptions and emblems.
  106. 79 Provision for modifying or extending restrictions under s. 78.
  107. 80 Power for relevant disciplinary committee to disqualify and direct removal from register.
  108. 81 Grounds for disqualification in certain cases.
  109. 82 Procedure relating to disqualification.
  110. 82A Interim measures
  111. 83 Revocation of disqualification.
  112. 84 Offences under Part IV.
  113. 84A Rules by the General Pharmaceutical Council
  114. 85 Labelling and marking of containers and packages.
  115. 86 Leaflets.
  116. 87 Requirements as to containers.
  117. 88 Distinctive colours, shapes and markings of medicinal products.
  118. 89 Display of information on automatic machines.
  119. 90 Provisions as to medicated animal feeding stuffs.
  120. 91 Offences under Part V, and supplementary provisions.
  121. 92 Scope of Part VI.
  122. 93 False or misleading advertisements and representations.
  123. 94 Advertisements requiring consent of holder of product licence.
  124. 95 Powers to regulate advertisements and representations.
  125. 96 Advertisements and representations directed to practitioners.
  126. 97 Power for licensing authority to require copies of advertisements.
  127. 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  128. 99 New editions of British Pharmacopoeia, and other compendia.
  129. 100 Lists of names.
  130. 101 Other publications.
  131. 102 Supplementary provisions.
  132. 103 Construction of references to specified publications.
  133. 104 Application of the 2012 Regulations to certain articles and substances.
  134. 105 Application of the 2012 Regulations to certain other substances which are not medicinal products.
  135. 106 Extension of references to carrying on business.
  136. 107 Validity of decisions and proceedings relating thereto.
  137. 108 Enforcement in England and Wales.
  138. 109 Enforcement in Scotland.
  139. 110 Enforcement in Northern Ireland.
  140. 111 Rights of entry.
  141. 112 Power to inspect, take samples and seize goods and documents.
  142. 113 Application of sampling procedure to substance or article seized under s. 112.
  143. 114 Supplementary provisions as to rights of entry and related rights.
  144. 115 Analysis of samples in other cases.
  145. 115A Facilities for microbiological examinations.
  146. 116 Liability to forfeiture under Customs and Excise Act 1952.
  147. 117 Special enforcement and sampling provisions relating to animal feeding stuffs.
  148. 118 Restrictions on disclosure of information.
  149. 119 Protection for officers of enforcement authorities.
  150. 120 Compensation for loss of employment or loss or diminution of emoluments.
  151. 121 Contravention due to default of other person.
  152. 122 Warranty as defence.
  153. 123 Offences in relation to warranties and certificates of analysis.
  154. 124 Offences by bodies corporate.
  155. 125 Prosecutions.
  156. 126 Presumptions.
  157. 127 Service of documents.
  158. 128 Financial provisions.
  159. 129 Orders and regulations.
  160. 130 Meaning of “medicinal product" and related expressions.
  161. 131 Meaning of “wholesale dealing", “retail sale" and related expressions.
  162. 132 General interpretation provisions.
  163. 133 General provisions as to operation of Act.
  164. 134 Special provisions as to Northern Ireland.
  165. 135 Minor and consequential amendments and repeals.
  166. 136 Short title, extent and commencement.
  167. SCHEDULE 1 Provisions Relating to Medicines Commission and Committees
  168. SCHEDULE 1A PROVISIONS RELATING TO COMMISSION AND COMMITTEES
  169. SCHEDULE 2 SUSPENSION, REVOCATION OR VARIATION OF LICENCE
  170. SCHEDULE 3 SAMPLING
  171. SCHEDULE 4 Provisions relating to Northern Ireland
  172. SCHEDULE 5 Amendments of Enactments of Parliament of United Kingdom.
  173. SCHEDULE 6 Enactments of Parliament of United Kingdom Repealed.
  174. SCHEDULE 7
  175. SCHEDULE 8 Enactments of Parliament of Northern Ireland Repealed.

Proposed changes to this act

No one has proposed a change to this act yet.

175 provisions

131 Meaning of “wholesale dealing", “retail sale" and related expressions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

132 General interpretation provisions.

(1) In this Act— (a) unless the context otherwise requires, any expression defined by any provision of the 2012 Regulations , and not defined in this Act, has the same meaning as it has for the purposes of those Regulations; and (b) “the 2012 Regulations ” means the Human Medicines Regulations 2012. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Any reference in this Act to the holder of a ... certificate shall be construed as a reference to the holder of a ... certificate which is for the time being in force. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.

Propose a change

133 General provisions as to operation of Act.

(1) The provisions of this Act, and of any regulations or orders made under it, shall operate cumulatively; and any exemption or exception from any of those provisions shall not be construed as conferring any exemption or exception in relation to any other of those provisions. (2) Except in so far as this Act otherwise expressly provides, and subject to the provisions of section 33 of the Interpretation Act 1889 (which relates to offences under two or more laws), the provisions of this Act shall not be construed as— (a) conferring a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Act or of any regulations or order made under this Act, or (b) affecting any restriction imposed by or under any other enactment, whether contained in a public general Act or in a local or private Act, or (c) derogating from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act. (3) No exemption conferred by or under any provision of this Act shall be construed as derogating from any exemption or immunity of the Crown.

Propose a change

134 Special provisions as to Northern Ireland.

(1) Nothing in this Act shall authorise any department of the Government of Northern Ireland to incur any expenses attributable to the provisions of this Act, which are not expenses falling to be defrayed in accordance with section 128(1) of this Act, until provision has been made by the Parliament of Northern Ireland for those expenses to be defrayed out of moneys provided by that Parliament. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The provisions of Schedule 4 to this Act shall have effect with respect to the application of this Act in relation to Northern Ireland. (4) In this Act “enactment” includes an enactment of the Parliament of Northern Ireland; and (without prejudice to section 132(6) of this Act) any reference in this Act to such an enactment shall include a reference to any enactment re-enacting it with or without modifications. (5) Sections 16(1) and 17(2)(a) of the Interpretation Act 1978 shall have the like operation in relation to any repeal by this Act of an enactment of the Parliament of Northern Ireland as it has in relation to the repeal of an enactment of the Parliament of the United Kingdom.

Propose a change

135 Minor and consequential amendments and repeals.

(1) The enactments of the Parliament of the United Kingdom which are specified in Schedule 5 to this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential upon the preceding provisions of this Act. (2) The enactments of that Parliament which are specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule : ... (3) The enactments of the Parliament of Northern Ireland which are specified in Schedule 7 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential upon the preceding provisions of this Act. (4) The enactments of the Parliament of Northern Ireland specified in Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Propose a change

136 Short title, extent and commencement.

(1) This Act may be cited as the Medicines Act 1968. (2) Except as provided by section 78(5B), this Act extends to Northern Ireland. (3) The following provisions of this Act, that is to say, sections 63 to 65, 77, 85(5), 86(3), 90(2), 93, 97 and 135, shall not come into operation on the passing of this Act but shall come into operation on such day as the Ministers may by order appoint, and different days may be so appointed for, or for different purposes of, any one or more of those provisions (including, in the case of section 135 of this Act, the amendment or repeal of different enactments to which that section is applicable). (4) Any order made under this section may make such transitional provision as appears to the Ministers to be necessary or expedient in connection with the provisions of this Act which are thereby brought (wholly or in part) into force, including such adaptations of those provisions or any provision of this Act then in force as appear to them to be necessary or expedient in consequence of the partial operation of this Act (whether before, on or after the day appointed by the order).

Propose a change

SCHEDULE 1 Provisions Relating to Medicines Commission and Committees

Section 5.

Propose a change

SCHEDULE 1A PROVISIONS RELATING TO COMMISSION AND COMMITTEES

Section 5

Propose a change

SCHEDULE 2 SUSPENSION, REVOCATION OR VARIATION OF LICENCE

Section 29.

Propose a change

SCHEDULE 3 SAMPLING

Introductory 1 (1) The provisions of this Schedule shall have effect where a person authorised in that behalf by an enforcement authority (in this Schedule referred to as a “sampling officer") obtains a sample of any substance or article— (a) for the purpose of ascertaining whether there is or has been, in connection with that substance or article, any contravention of any provisions of this Act or of any regulations or order made thereunder which, by or under any provisions of sections 108 to 110 of this Act, that authority (in this Schedule referred to as “the relevant enforcement authority”) is required or empowered to enforce, or (b) otherwise for any purpose connected with the performance by that authority of their functions under this Act or under any such regulations or order, and the sampling officer obtains the sample by purchase or in the exercise of any power conferred by section 112 of this Act. (2) In this Schedule “public analyst”, except in relation to Northern Ireland, has the meaning assigned to it by section 27 of the Food Safety Act 1990, and in relation to Northern Ireland has the meaning assigned to it by Article 27(1) of the Food Safety (Northern Ireland) Order 1991. Division of sample 2 The sampling officer shall forthwith divide the sample into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit. 3 If the sample was purchased by the sampling officer, otherwise than from an automatic machine, he shall supply one part of the sample to the seller. 4 If the sampling officer obtained the sample from an automatic machine, then— (a) if a person’s name, and an address in the United Kingdom, are stated on the machine as being the name and address of the owner of the machine, the sampling officer shall supply one part of the sample to that person; (b) in any other case, the sampling officer shall supply one part of the sample to the occupier of the premises on which the machine stands or to which it is affixed. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 In any case not falling within any of paragraphs 3 or 4 of this Schedule the sampling officer shall supply one part of the sample to the person appearing to him to be the owner of the substance or article from which the sample was taken. 9 In every case falling within any of paragraphs 3, 4, or 8 of this Schedule the sampling officer shall inform the person to whom the part of the sample in question is supplied that the sample has been obtained for the purpose of analysis or other appropriate examination. 10 Of the remaining parts of the sample into which the sample is divided in accordance with paragraph 2 of this Schedule, the sampling officer, unless he decides not to submit the sample for analysis or other appropriate examination, shall— (a) retain one part for future comparison, and (b) submit the other part for analysis or examination in accordance with the following provisions of this Schedule. 11 Where a sample consists of substances or articles enclosed in unopened containers, and it appears to the sampling officer that to open the containers and divide the contents into parts— (a) is not reasonably practicable, or (b) might affect the composition or impede the proper analysis or other examination of the contents, the sampling officer may divide the sample into parts by dividing the containers into three lots without opening them. 12 Section 127 of this Act shall have effect in relation to supplying any part of a sample in pursuance of the preceding paragraphs as it has effect in relation to the service of a document. 13 If after reasonable inquiry the sampling officer is unable to ascertain the name of a person to whom, or the address at which, a part of a sample ought to be supplied in pursuance of the preceding paragraphs, he may retain that part of the sample instead of supplying it. Notice to person named on container 14 (1) Where it appears to the sampling officer that a substance or article of which he has obtained a sample was manufactured or assembled by a person whose name and address in the United Kingdom are stated on its container, and who is not a person to whom a part of the sample is required to be supplied under the preceding provisions of this Schedule, the sampling officer, unless he decides not to submit the sample for analysis or other appropriate examination, shall serve notice on that person— (a) stating that the sample has been obtained by the sampling officer, and (b) specifying the person from whom the sampling officer purchased it, or, if he obtained it otherwise than by purchase, the place from which he obtained it. (2) The notice required to be served under the preceding sub-paragraph shall be served before the end of the period of three days beginning with the day on which the sample was obtained. Analysis or other examination of sample 15 If the sampling officer decides to submit the sample for analysis or other appropriate examination, he shall— (a) submit it for analysis to the public analyst for the area in which the sample was obtained, or, if for the time being there is no public analyst for that area, then to the public analyst for some other area, or (b) submit it for other appropriate examination to the person having the management or control of any laboratory available for the purpose in accordance with any arrangements made in that behalf by the relevant enforcement authority. 16 Where the relevant enforcement authority is a Minister or the Pharmaceutical Society, and the sampling officer decides to have the sample analysed, he may (instead of submitting it to a public analyst) submit it for analysis to the person having the management or control of any laboratory available for the purpose in accordance with any arrangements made in that behalf by the relevant enforcement authority. 17 Any such arrangements as are mentioned in paragraph 15(b) or paragraph 16 of this Schedule,— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) if ... they are made by an enforcement authority in England and Wales other than the Secretary of State, shall be arrangements approved by the Secretary of State; (c) if they are made by an enforcement authority in Scotland other than the Secretary of State, shall be arrangements approved by the Secretary of State; and any such arrangements as are mentioned in paragraph 15(b) of this Schedule, if made by the Pharmaceutical Society of Northern Ireland in Northern Ireland, shall be arrangements approved by the Minister for Health, Social Services and Public Safety. 18 (1) Subject to the following sub-paragraph, the person to whom the sample is submitted under paragraph 15 or paragraph 16 of this Schedule shall analyse or examine the sample (as the case may be), or cause the sample to be analysed or examined by some other person under his direction, as soon as practicable. (2) If the person to whom the sample is so submitted is a public analyst, and that analyst determines that for any reason an effective analysis of the sample cannot be performed by him or under his direction, he shall send it to the public analyst for some other area, and that other public analyst shall as soon as practicable analyse the sample or cause it to be analysed by some other person under his direction. 19 (1) A public analyst who has analysed a sample submitted to him under the preceding provisions of this Schedule, or who has caused such a sample to be analysed by some other person under his direction, shall issue and send to the sampling officer a certificate specifying the result of the analysis. (2) A person having the management or control of a laboratory in which a sample submitted to him under the preceding provisions of this Schedule has been analysed or examined, or a person appointed by him for the purpose, shall issue and send to the sampling officer a certificate specifying the result of the analysis or examination. (3) Any certificate issued under this paragraph shall be in a form prescribed by the Ministers and shall be signed by the person who issues the certificate. 20 (1) Any person to whom, in accordance with paragraphs 2 to 8 of this Schedule, a part of the sample is required to be supplied shall, on payment of the prescribed fee to the relevant enforcement authority, be entitled to be supplied with a copy of any certificate as to the result of an analysis or examination which is sent to the sampling officer under paragraph 19 of this Schedule. (2) Any regulations prescribing a fee for the purposes of this paragraph shall be made by the Ministers. Provisions as to evidence 21 In any proceedings for an offence under this Act a document produced by one of the parties to the proceedings and purporting to be a certificate issued under paragraph 19 of this Schedule shall be sufficient evidence of the facts stated in the document, unless the other party requires that the person who issued the certificate shall be called as a witness; and, in any proceedings in Scotland, if that person is called as a witness, his evidence shall be sufficient evidence of those facts. 22 In any proceedings for an offence under this Act a document produced by one of the parties to the proceedings, which has been supplied to him by the other party as being a copy of such a certificate, shall be sufficient evidence of the facts stated in the document. 23 (1) If in any such proceedings before a magistrates’ court a defendant intends to produce such a certificate, or to require that the person by whom such a certificate was issued shall be called as a witness, a notice of his intention, and (where he intends to produce such a certificate) a copy of the certificate, shall be given to the other party at least three clear days before the day on which the summons is returnable. (2) If the preceding sub-paragraph is not complied with, the court may, if it thinks fit, adjourn the hearing on such terms as it thinks proper. (3) In Scotland, if in any such proceedings in the sheriff court the accused intends to produce such a certificate, or to require that the person by whom such a certificate was issued shall be called as a witness, notice of his intention, and (where he intends to produce such a certificate) a copy of the certificate, shall be given to the procurator fiscal at least three clear days before the day on which the case proceeds to trial. (4) If sub-paragraph (3) of this paragraph is not complied with, the sheriff may, if he thinks fit, adjourn the diet on such terms as he deems proper. Analysis under direction of court 24 (1) In any proceedings for an offence under this Act, where the proceedings relate to a substance or article of which a sample has been obtained as mentioned in paragraph 1 of this Schedule, the part of the sample retained in pursuance of paragraph 10(a) of this Schedule shall be produced as evidence; and the court— (a) at the request of either party to the proceedings shall, and (b) in the absence of any such request may if it thinks fit, cause that part of the sample to be sent for analysis to the Government Chemist (or, in Northern Ireland, the Government Chemist for Northern Ireland) or to be sent for other appropriate examination to the person having the management or control of a laboratory specified by the court. (2) If, in a case where an appeal is brought, no action has been taken under the preceding sub-paragraph, the provisions of that sub-paragraph shall have effect in relation to the court by which the appeal is heard. (3) A person to whom a part of a sample is sent under this paragraph for analysis or other examination shall analyse or examine it, or cause it to be analysed or examined on his behalf, and shall transmit to the court a certificate specifying the result of the analysis or examination. (4) Any such certificate shall be signed by that person, or signed on his behalf by the person who made the analysis or examination or a person under whose direction it was made. (5) Any such certificate shall be evidence (and, in Scotland, shall be sufficient evidence) of the facts stated in the certificate unless any party to the proceedings requires that the person by whom it was signed shall be called as a witness; and, in any proceedings in Scotland, if that person is called as a witness, his evidence shall be sufficient evidence of those facts. 25 The costs of any analysis or examination under paragraph 24 of this Schedule shall be paid by the prosecutor or the defendant (or, in Scotland, the accused) as the court may order. Proof by written statement 26 In relation to England and Wales section 9 of the Criminal Justice Act 1967, and in relation to Northern Ireland any corresponding enactment which may be passed by the Parliament of Northern Ireland, shall not have effect with respect to any document produced as mentioned in paragraph 21 or paragraph 22 of this Schedule or with respect to any certificate transmitted to a court under paragraph 24 of this Schedule. Power to modify sampling provisions 27 The Ministers may by order provide that, in relation to substances or articles of any such description as may be specified in the order, the preceding provisions of this Schedule shall have effect subject to such exceptions and modifications as may be specified in the order. Payment for sample taken under compulsory powers 28 (1) Where a sampling officer takes a sample in the exercise of any power conferred by section 112 of this Act he shall, if payment is demanded, pay the value of the sample to the person to whom a part of the sample is required under paragraph 5, paragraph 7 or paragraph 8 of this Schedule (as the case may be) to be supplied. (2) In default of agreement between the sampling officer and the person mentioned in the preceding sub-paragraph, the value of the sample shall be determined by the arbitration of a single arbitrator appointed by the sampling officer and the other person in question or, if they are unable to agree on the appointment of an arbitrator, shall be determined by the county court for the district (or, in Northern Ireland, the division) in which the sample was taken. (2A) For the purposes of this paragraph, England and Wales is to be treated as the district of the county court in England and Wales. (3) In the application of this paragraph to Scotland, for references to an arbitrator there shall be substituted references to an arbiter and for the reference to the county court there shall be substituted a reference to the sheriff. Application of s. 64 to samples 29 Where a medicinal product is taken as a sample by a sampling officer in the exercise of any power conferred by section 112 of this Act, the provisions of subsections (1) to (4) of section 64 of this Act shall have effect as if the taking of the product as a sample were a sale of it to the sampling officer by the person from whom it is taken; and, if the product was prepared in pursuance of a prescription given by a practitioner, those provisions shall so have effect as if, in subsection (1) of that section, for the words “demanded by the purchaser", there were substituted the words “specified in the prescription"

Propose a change

SCHEDULE 4 Provisions relating to Northern Ireland

Section 134. 1 (1) the Minister for Health, Social Services and Public Safety may by order make provision for the application of this Act in relation to druggists subject to such exceptions and modifications as may be specified in the order. (2) In this paragraph “druggist” means a person registered in the register of druggists for Northern Ireland made out and maintained under Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The appropriate Northern Ireland Minister may in relation to Northern Ireland exercise any power of making an order or regulations which is conferred on the Ministers by any provision of this Act ......... where in his ... opinion there are special circumstances which render it expedient to do so. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Every order or regulation under this Act made by the Minister for Health, Social Services and Public Safety... by virtue of the power conferred by paragraph 1... or paragraph 6 of this Schedule... shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if it were a statutory instrument within the meaning of that Act. 9 In this Schedule “the appropriate Northern Ireland Minister”— (a) ... means the Minister for Health, Social Services and Public Safety; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 10 In this Act any reference to the Department of Health, Social Services and Public Safety ..., and any reference which is to be construed as including a reference to that Minister, shall include a reference to the Ministry of Health and Social Services for Northern Ireland .... 11 The Statutory Rules (Northern Ireland) Order 1979, except article 5(2)(a) of that Order (which requires the responsible officer of each rule-making authority making any statutory rules to send copies of them, and certain information, to the Ministry of Finance for Northern Ireland for registration under that Order), shall not apply to any orders or regulations made under this Act by statutory instrument.

Propose a change

SCHEDULE 5 Amendments of Enactments of Parliament of United Kingdom.

Section 135(1) The Venereal Disease Act 1917 (c. 21). 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Cancer Act 1939 (c. 13.) 10 In section 4, in subsection (4)(a)(v), for the words “authorised sellers of poisons" there shall be substituted the words “persons lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968". 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Trade Descriptions Act 1968 (c. 29). 16 In section 2, in subsection 5, after the word “section" there shall be inserted “(a)", and at the end of the subsection there shall be inserted the following paragraph:— (b) where by virtue of any provision made under Part V of the Medicines Act 1968 (or made under any provisions of the said Part V as applied by an order made under section 104 or section 105 of that Act) anything which, in accordance with this Act, constitutes the application of a trade description to goods is subject to any requirements or restrictions imposed by that provision, any particular description specified in that provision, when applied to goods in circumstances to which those requirements or restrictions are applicable, shall be deemed not to be a trade description. 17 In section 22, in subsection (2), after the words “the Food and Drugs Act (Northern Ireland) 1958 " there shall be inserted the words “or the Medicines Act 1968" ; in paragraph (b) the word “and", where it occurs at the end of that pargraph, shall be omitted ; and at the end of paragraph (c) there shall be inserted the words and (d) in relation to the said Act of 1968, so much of Schedule 3 to that Act as is applicable to the circumstances in which the sample was procured, at the end of the subsection there shall be inserted the words “or paragraph 27 of Schedule 3 to the said Act of 1968".

Propose a change

SCHEDULE 6 Enactments of Parliament of United Kingdom Repealed.

Section 135(2)

Propose a change

SCHEDULE 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

SCHEDULE 8 Enactments of Parliament of Northern Ireland Repealed.

Section 135(4)

Propose a change

← Find another law